The King v. McClellan

and without reference to this policy, to be somewhat arbi- THE KIno trary. But I have no doubt that the framing of these pro- McE

A visions was inspired by the view that the welfare of the deserving settler would be safer in the hands of the Board than if placed exclusively under the protection of a body of legal rules.

CITY OF VANCOUVER (DEFENDANT) ...... APPELLANT; *Apr. 28.

AND

*Jan. 15.

OLIVE MAY BURCHILL (PLAINTIFF) .... RESPONDENT. ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

The fact that a taxi driver has not obtained the chauffeur's permit from the Chief of Police provided for by s. 2 (2) of the Motor-vehicle Act Amendment Act, 1930, c. 47 and has not procured the driver's licence required by the appellant city's by-law, does not affect the liability of the city for injuries caused to him by its negligence.

At common law and as a member of the public, any individual has the right to the use of the highway under the protection of the law; and the liability of the municipality exists towards every member of the public so using the highway. This principle should not be taken to have been altered in the Motor-vehicle Act, except by express words or by necessary intendment. The whole scope of the Act is to prescribe certain requirements for those using the highway with motor vehicles, and to impose certain penalties upon the offenders; it does not provide that they will not be entitled to recover damages, if the damages are suffered while they are infringing the Act.

Goodison Thresher Co. v. Township of McNab (44 Can. S.C.R. 187) dist. APPEAL from the decision of the Court of Appeal for British Columbia (1), affirming the judgment of Morrison C.J.S.C. on the verdict of a jury and maintaining the respondent's action for damages.

Duff, Rinfret, Lamont, Smith and Cannon JJ.

(1) [1932] 1 W.W.R. 641.